2 STATUTORY FRAMEWORK
8. The Communications Act 2003, section 299, which
modified Part IV of the Broadcasting Act 1996, gives the Secretary
of State for Culture, Media and Sport the power to maintain a
list of sporting and other events of national interest divided
into two categories: Group A and Group B. The listing of an event
does not mean that it must automatically be shown on television.
Listing merely ensures that rights to these events, if they are
offered at all, must be offered to the main free-to-air terrestrial
broadcasters on "fair and reasonable terms".[4]
9. For Group A events, full live coverage must be
offered to generally available free-to-air channels which, for
the purposes of the Television Broadcasting Regulations 2000,
must be received "by at least 95 per cent of the population
of the United Kingdom".[5]
This has the effect of limiting the category to BBC1, BBC2, ITV
and Channel 4/S4C. Those events listed in Group B may have live
coverage on pay-TV provided that secondary, or "highlights",
coverage is offered to the free-to-air broadcasters.
10. In 1998, the Department for Culture, Media and
Sport (DCMS), following strong lobbying from the ECB for cricket
to be removed from the listed events, instructed an advisory group,
chaired by Lord Gordon of Strathblane, to look at the issues surrounding
listed events and to make recommendations to the Secretary of
State. Prior to appointing Lord Gordon's Advisory Group, the
Government first consulted on the criteria for listing.
11. According to the criteria used by the Lord Gordon
review, and repeated in evidence received from DCMS, a listed
event is one which is generally felt to have special national
resonance. It should contain an element which "serves to
unite the nation", be "a shared point on the national
calendar", "not solely of interest to those who follow
the sport in question".[6]
An event which satisfies this main criterion is not listed automatically,
it should also command a large television audience and have a
history of being broadcast live on free-to-air services.[7]
Even then the Secretary of State must have regard to other factors
affecting the likely costs and benefits to the sport concerned,
to the broadcasting industry and to viewers such as: the practicality
of full live coverage on a general channel, the impact of listing
in reducing income for the sport and the likely impact of listing
on the broadcasting market. The criteria summarises as follows:
"no single factor automatically commands listing as a response,
nor does failure to meet an individual criterion disqualify an
event from consideration".[8]
12. When making its decision in March 1998, the Advisory
Group recommended that cricket Test matches played in England
should be placed in Group B, thereby enabling the sport's governing
body to negotiate a deal with any broadcaster provided that highlights
were available to free-to-air broadcasters.[9]
In making its decision the Group singled out cricket for special
treatment, commenting that "the Tests are the most problematic
of the events under consideration".[10]
It continued: "We consider that Test matches possess sufficient
national resonance to merit some measure of protection for coverage...However,
a Test series played over 30 days cannot be said to be a shared
point on the national calendar. We believe that it is difficult
for generally available terrestrial broadcasters to schedule the
Tests in full without being unfair to viewers who do not take
an interest in cricket. We also considered the likely effect
of continued listing on the finances of the sport".[11]
13. In June 1998, following the publication of the
Advisory Group's recommendations the then Secretary of State,
Chris (now Lord) Smith, announced a revised list. Cricket Test
matches played in England were placed in Group B. The two groups
of listed events, which have remained unaltered since 1998, are:
| Group A
| Group B |
The Olympic Games
The FIFA World Cup Finals Tournament
The FA Cup Final
The Scottish FA Cup Final (in Scotland)
The Grand National
The Derby
The Wimbledon Tennis Finals
The European Football Championship Finals Tournament
The Rugby League Challenge Cup Final
The Rugby World Cup Final
| Cricket Test Matches played in England
Non-Finals play in the Wimbledon Tournament
All Other Matches in the Rugby World Cup Finals Tournament
Six Nations Rugby Tournament Matches Involving Home Countries
The Commonwealth Games
The World Athletics Championship
The Cricket World Cup--the Final, Semi-finals and Matches Involving Home Nations' Teams
The Ryder Cup
The Open Golf Championship.
|
Source: DCMS Press Notice 135/98, 25 June 1998
14. It is not within the remit of this inquiry to consider sports
other than cricket, nor to evaluate the listing criteria in any
detail, but the Committee wishes to express its support for
the general principle of listing. In a nation of sports lovers,
it is imperative that some protection must exist for some sporting
events. The extent of that protection and to which sports
it applies must depend upon the individual merits of an event,
a debate we do not intend to have in this report.
4
Independent Television Commission Code on Sports and Other Listed
and Designated Events, para 14 Back
5
Television Broadcasting Regulations 2000 S.I., 2000/54, Schedule
1(2) (b) Back
6
The Advisory Group on Listed Events Report and Recommendations
, March 1998 p.3 and Ev 48 Back
7
The Advisory Group Report p.3 Back
8
Ibid. Back
9
Ibid. Back
10
Ibid. Back
11
Ibid. Back
|
